The concept of international maritime law

International maritime law is a developed system of rules defining the status maritime spaces, their bottom and resources, the procedure for using them." This is one of the oldest branches of international law, but in our time it has been transformed in accordance with the requirements of life. ^In 1958, four Geneva Conventions on the Law of the Sea were adopted: on the high seas, territorial sea ​​and adjacent zone, continental shelf, fisheries and conservation of living resources open sea. However, a number of pressing issues remained unresolved.

This required the convening of a new conference, which lasted 10 years and in 1982 adopted the Convention on the Law of the Sea, which has not yet entered into force, having not collected the required number of ratifications. The main reason is the disagreement of a number of maritime states with the seabed regime it established. The USSR signed but did not ratify the Convention.

The Convention confirmed the long-standing principle of the law of the sea - freedom of the high seas, according to which the high seas can be freely used on the basis of equality by all states, of course, within the framework of international law. No state has the right to claim the subordination of any part of it to its sovereignty. The high seas regime covers freedom of navigation, including military navigation, freedom of fishing, scientific research, etc., subject to respect for the rights and legitimate interests of other states and the international community as a whole. The freedom of the open sea also determines the freedom of the airspace above it.

The Convention also reflected the influence on the law of the sea of ​​the basic principles of international law. The principle of non-use of force is reflected in the principle of peaceful use of the sea. Different authors formulate the principles of the Convention differently. Prof. A.P. Movchan, in addition to those noted, also includes the following principles: the common heritage of humanity, rational use and conservation of living marine resources, and protection of the marine environment.

The Convention introduced significant innovations to specific institutions and norms. It made the 12-mile limit of the territorial sea generally recognized and introduced new institutions: an exclusive economic zone, the concept of an archipelagic state, and a regime of free passage through international straits. But the most important innovation is the establishment of a regime for the exploration and exploitation of seabed resources beyond national jurisdiction.

Territorial sea and adjacent zone

Territorial sea is a strip of maritime space of a certain width, starting at the shore of land or at the border of internal sea waters, over which the sovereignty of the coastal state extends. In other words, it is part of the state territory (territorial waters). These waters are released into special category due to the specifics of their regime. Sovereignty in this case is exercised in compliance with the norms of international law that determine their regime. A kind of compromise between sovereignty and the interests of international shipping.

The Convention established the maximum width of the territorial sea - 12 nautical miles. Most states have adopted the maximum width. However, 32 states, mostly maritime powers, adhere to the previous limit of 3 miles, and more than 10 states claim 200-mile waters. The Law on the State Border of the Russian Federation of 1993 confirmed the traditional 12-mile width for the country. If the distance between the coasts of opposing states is less than 24 miles, then the territorial sea is delimited by an equally spaced line.

As for the features of territorial sovereignty in this case, they consist in granting the courts of all states the right of free passage. The passage must be continuous and rapid, as well as peaceful. Warships may be subject to a prior notice rule. Submarines follow to the surface and raise their flag. When passing, ships must comply with the rules established by the coastal state in accordance with international law. Additional safety measures are established for ships with nuclear engines or carrying toxic cargo. Tanker accidents in the territorial sea are well known, resulting in great damage to coastal states.

The criminal jurisdiction of a state extends to a foreign ship passing through its territorial waters only if the crime affects the interests of that state and its citizens. The basis may also be a request from the captain, diplomatic representative or consul for assistance. Particularly highlighted is the suppression of illegal drug trade. If a foreign vessel passes through the territorial sea after leaving the internal waters of the state, the latter may take any measures to arrest or investigate on board the vessel.

As for civil jurisdiction, it is possible if we are talking about obligations or responsibilities associated with passage through the waters of a coastal state.

If a warship violates the laws of a coastal state, the latter may demand immediate exit from the territorial sea. Not only warships, but also other government vessels not operated for commercial purposes enjoy immunity. The flag state is responsible for the damage they cause.

Contiguous zone - a strip of high seas adjacent to the territorial sea of ​​a state over which it exercises specialized jurisdiction. The fact is that the speed of modern ships does not make it possible to ensure reliable control over them within territorial waters. Therefore, the coastal state is granted the right of control in an additional zone to prevent violations of its customs, fiscal, immigration or sanitary regulations within its territory, including the territorial sea. Accordingly, they talk about a customs, fiscal, immigration, sanitary zone. In this case, we are dealing with one of the examples of a situation where international law expands the jurisdiction of a state in the name of ensuring its interests. The width of the contiguous zone is determined by the state, but cannot exceed 24 miles, which are measured from the same baselines as territorial waters. In other words, the latter are, as it were, included in the adjacent zone, but with their own regime. Some countries have defined the zone width as 18 miles, and the United States as 12 miles.

Straits

Sea straits have important for maritime shipping, significantly reducing travel time and costs. Their importance is also great for military shipping, especially for large maritime powers. It is no coincidence that the United States, almost in the form of an ultimatum, raised the issue of maximum freedom of passage for warships through the straits at the Conference on the Law of the Sea. The most important straits for shipping are the Gibraltar, English Channel, and Singapore straits. The Black Sea and Baltic straits are of particular importance for our country.

The Convention deals with international straits, which are understood as those used for international navigation and leading from one part of the high seas or exclusive economic zone to another. The Convention does not affect straits in which the regime is determined by special conventions. An example is the Black Sea Straits.

The regime of the Black Sea Straits is determined by the Convention signed in Montreux in 1936. It provides for freedom of non-military navigation for ships of all countries. As for warships, they must notify the Turkish government in advance. Only Black Sea countries can conduct battleships and submarines through the straits. For non-Black Sea states, other restrictions are established in terms of... carrying the passage of warships into the Black Sea.

The regime of international straits represents another example of the withdrawal from sovereign jurisdiction in the name of promoting common interests, in this case the interests of international shipping. The straits, their shores and waters are part of the state territory. However, sovereignty is exercised subject to the restrictions established by international law regarding the free passage of ships and aircraft, which must be direct and not cause harm to coastal states. Within the limits established by international law, these States may adopt rules relating to transit passage. Civil and criminal jurisdiction over vessels in transit is exercised by the coastal State to the same extent as in transit through the territorial sea.

Exclusive economic zone

An exclusive economic zone (EEZ) is an area adjacent to the territorial sea, no more than 200 miles wide, for which international law has established a special legal regime. The width is measured from the same coastline from which the width of the territorial sea is calculated. The meaning of the special regime is that the rights of the coastal state and the rights of other states are determined by international law. In this case, a new phenomenon occurs when the state gains sovereign rights to the international space thanks to international law. As is known, in other cases the rights of the state flow from its sovereignty.

True, these rights are of a special nature. It's about on rights for the purposes of exploration, development and conservation of both living and non-living resources, both in waters and on the bottom and its subsoil. The coastal state has the right of management economic activity in the zone. From this it is clear that the concept of EEZ is purely economic in nature and does not mean the full jurisdiction of the coastal state, which is reflected in its name.

International maritime law

International maritime law(public international maritime law) - a set of principles and legal norms establishing the regime of maritime spaces and regulating relations between states on the use of the World Ocean. Currently, most of the norms of international maritime law are consolidated in the 1982 UN Convention on the Law of the Sea. All other international treaties (including bilateral and regional agreements) containing regulations relating to this industry mainly complement or detail the provisions of the Convention.

Subjects

Subjects of international maritime law are subjects of international law, i.e. states and international intergovernmental organizations.

Sources

For a long time, the only source of international maritime law was customs.

Currently, the main source of international maritime law is the 1982 UN Convention on the Law of the Sea. International relations in the field of international maritime law are also regulated by the following conventions:

• Geneva Conventions 1958;
• International Convention for the Safety of Life at Sea, 1974;
• International Convention for the Prevention of Pollution from Ships (MARPOL 73/78);
• Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Materials, 1972;
• International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978;
• Convention on the International Regulations for Preventing Collisions at Sea, 1972;
• 1959 Antarctic Treaty

and many others.

In addition to multilateral treaties, states also enter into local bilateral and multilateral treaties on various issues of maritime activities:

• Convention on Fisheries and the Conservation of Living Resources in the Baltic Sea and Belts, 1973;
• Convention for the Protection of the Marine Environment of the Baltic Sea Area, 1974;
• North East Fisheries Convention Atlantic Ocean 1980;
• Convention for the Protection of the Black Sea against Pollution, 1992;
• Convention on the Conservation of Antarctic Marine Living Resources, 1980;
• Convention for the Protection of the Marine Environment of the Caspian Sea, 2003.

Principles of international maritime law

The principle of freedom of the high seas

This principle is one of the oldest in international maritime law. It was described by G. Grotius in his work “Mare liberum”. Today, according to the UN Convention on the Law of the Sea, it reads: “No state can claim to subordinate the high seas or part of it to its sovereignty; it is open to all states - both those with access to the sea and those without it” Art. 89. Freedom of the high seas includes:

• freedom of navigation;
• freedom of flight;
• freedom of laying pipelines and cables;
• freedom to erect artificial islands and other installations;
• freedom of fishing;
• freedom of scientific research;

In addition, it is established that the high seas must be used for peaceful purposes.

The principle of exclusive jurisdiction of a state over ships of its flag on the high seas (Article 92 of the Convention on the Law of the Sea)

This principle states that a merchant ship on the high seas is subject to the exclusive jurisdiction of its flag state and no one has the right to interfere with its lawful activities, except in cases where:

• the ship is engaged in piracy;
• the ship is engaged in the slave trade;
• the ship is engaged in unauthorized broadcasting, i.e. transmitting, in violation of international rules, radio and television programs intended for reception by the population (with the exception of distress signals). In this case, the ship can be arrested and the equipment confiscated:
  • ship's flag state;
  • State of registration of the broadcasting installation;
  • the state of which the broadcaster is a citizen;
  • any state where transmissions may be received;
  • any state whose authorized communications are interfered with by such broadcasting.
• the ship has no nationality (sails without a flag);
• the ship sails without a flag or under the flag of a foreign country, but in reality has the same nationality as the detaining warship.

The principle of peaceful use of the world's oceans

The principle of sovereignty of states over internal sea waters and the territorial sea

Principle of marine environment protection

In other words, the principle of preventing marine pollution. It was first enshrined in the International Convention for the Prevention of Marine Pollution by Oil of 1954 in the form of establishing prohibited zones for the discharge of oil from ships.

Principle of immunity of warships

The principle states that military and other government vessels used for non-commercial purposes have immunity. This is limited to cases where such vessels violate the rules of peaceful passage through the territorial waters of a foreign state. The authorities of that state may demand immediate departure from their territorial waters. And for any damage caused by a military vessel as a result of violation of the rules of innocent passage, the flag state bears international responsibility.

1982 UN Convention on the Law of the Sea

The UN Convention on the Law of the Sea provides for the normative regulation of the following international legal institutions:

• territorial sea and contiguous zone;

Rights of landlocked states

The 1982 UN Convention on the Law of the Sea establishes certain rights for landlocked states, i.e. states that do not have a sea coast:

This is interesting

Notes

Links

• F. S. Boytsov, G. G. Ivanov, A. L. Makovsky. "Law of the Sea" (1985)
• International maritime law. Tutorial. Ed. S. A. Gureeva. M, “Legal Literature”, 2003
• Database of documents on the law of the sea Rise::Law of the Sea

International law
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Population	Wikimedia Foundation. 2010. Kozhev, Alexander Crayfish (dish) See what “International Law of the Sea” is in other dictionaries: INTERNATIONAL LAW OF THE MARINE- see Maritime Law. Samoilov K.I. Marine dictionary. M.L.: State Naval Publishing House NKVMF USSR, 1941 International maritime law is a system of norms and principles about ... Maritime Dictionary International maritime law- (English international maritime law) a sub-branch of international law, a system of principles and norms that define the legal regime of maritime spaces and regulate relations between states arising in connection with the use of the World Ocean, including ... Encyclopedia of Law INTERNATIONAL LAW OF THE MARINE Legal Dictionary INTERNATIONAL LAW OF THE MARINE- a set of principles and norms of international law governing relations between states, as well as. international organizations arising in connection with their activities in the use of seas and oceans and their resources, and, in some cases,... ... Legal encyclopedia international maritime law- a set of legal principles and norms governing relations between states, international organizations arising in connection with their activities in the use of the seas, oceans and their resources, and in some cases the airspace above... ... Large legal dictionary INTERNATIONAL LAW OF THE MARINE- a set of principles and norms of international law governing relations between states, etc. international organizations arising in connection with their activities in the use of seas and oceans and their resources, and in some cases... ... encyclopedic Dictionary economics and law

International maritime law - This is a branch of modern international law, which is a set of principles and norms that establish the legal status and regime of maritime spaces and regulate relations between subjects of international law in connection with their activities in the World Ocean. International maritime law is characterized by the following principles:

The principle of freedom of the high seas is that all states can enjoy the high seas on an equal basis. This principle includes freedom of navigation, including military navigation, freedom of fishing, scientific research, etc., as well as freedom of air flight over the high seas.

The principle of the peaceful use of the sea - reflects the principle of non-use of force

The principle of the common heritage of mankind

The principle of rational use and conservation of marine resources

Principle of marine environment protection.

The difference between the 1982 UN Convention on the Law of the Sea and the 1958 Convention. IN In 1958, four conventions on the law of the sea were adopted: on the high seas, the territorial sea and the contiguous zone, the continental shelf, fisheries and the protection of living resources, and the high seas. However, a number of pressing issues remained unresolved in these conventions. Therefore, in 1972, the work of the Conference on the Law of the Sea began, which ended in 1982 with the signing of a new convention on the law of the sea. However, this convention did not come into force, because was not ratified by the required number of states due to disagreements on issues related to the seabed regime established by the convention.

The 1982 Convention established the basic principles of the law of the sea. The Convention established as a generally accepted 12-mile limit of the territorial sea. Previously, the territorial sea limit was set from 3 to 12 miles.

The new convention secured the right of states that do not have a sea coast to exploit an economic zone within 200 miles on an equal basis* with states that have access to the coast.

Unlike the 1958 convention, the new convention introduced new institutions: an exclusive economic zone, the concept of an archipelagic state, and a regime of free passage through international straits.

Of particular importance is the innovation of the regime for the exploration and exploitation of seabed regimes beyond the limits of national jurisdiction.

In addition to these conventions, issues of international maritime law are reflected in:

Convention for the Safety of Life at Sea I960

Convention on the International Regulations for Preventing Collisions at Sea, 1972

International Convention for the Prevention of Marine Pollution by Oil, 1954,

Load Line Convention 1966 Legal regime of the territorial sea and internal sea waters

Territorial sea is a strip of maritime space of a certain width, starting at the shore of land or at the border of internal sea waters, over which the sovereignty of the state extends. Territorial sea (territorial waters) is part of state territory.

The width of the territorial sea is calculated from straight baselines between shore projections.

The width of the territorial sea is 12 nautical miles. If the distance between the coasts of opposing states is less than 24 miles, then the territorial sea is delimited by an equidistant line.

All foreign civil vessels enjoy the right of free passage through the territorial sea. In this case, the passage must be peaceful, continuous and fast. Military vessels have the right to cross the territorial sea with prior notice, while submarines proceed on the surface and with their flag raised. When passing, vessels must comply with the rules of passage established by the coastal state.

A coastal state has the right to exercise its criminal jurisdiction over a foreign non-military and non-state vessel - an offender only if:

1. The consequences of the crime extend to the coastal state;

2.. The crime committed violates the peace in the country “or good order in the territorial sea;

3. The captain of the ship or the consul of the ship’s flag country has appealed to local authorities with a request for assistance in apprehending the perpetrators of the crime;

4. The measures taken are aimed against piracy, slave trading or drug trafficking.

It should be distinguished from the territorial sea contiguous zone - a strip of high seas adjacent to the territorial sea in which the state exercises specialized jurisdiction. This jurisdiction extends to the state's need to exercise customs, fiscal, emigration and sanitary control. Due to the speed of modern ships, which sometimes does not make it possible to catch and subject them to control within the territorial sea, an adjacent zone has been established. The width of the contiguous zone is established by the state, but cannot be more than 24 nautical miles, which are calculated from the same lines as the territorial sea.

Internal waters - all maritime spaces located between the coast and the initial line of the territorial waters of the state; these include:

The waters located between the coast of states and straight similar lines from which the width of the territorial sea is calculated;

The water areas of seaports within the limits limited from the sea by a line drawn between the most prominent port institutions at sea;

The waters of bays with an entrance width, counting between low tide marks, are no more than 24 miles. If the width of the entrance exceeds 24 miles, then only the part of the bay that is closer to the shore from a line with a length of 24 or, drawn between two low tide marks and delimited by the largest body of water, belongs to internal waters.

Waters recognized as internal on historical grounds “Historical waters” can be recognized as a space that a state continuously possesses for a long time and this is obvious for other states that occupy a geographical location outside of economic routes, play a significant role in the economy of the coastal state, and affect defense interests of the latter. .

The regime of internal waters is determined and established at the discretion of the coastal state. Thus, the latter may completely prohibit or restrict the entry of foreign ships into its internal waters. At the same time, the state is obliged to ensure the safety of navigation in its internal waters. In internal waters, the state has the right to fully exercise its criminal, civil, and administrative jurisdiction over foreign courts.

Military and state maritime vessels are removed from the head, administrative and civil jurisdiction of the state, no matter what waters they are in. However, when entering the internal waters of a state, it must seek appropriate permission from its authorities. They cannot be arrested, detained, confiscated, or searched. Legal regime of the economic zone Exclusive economic zone is the area adjacent to the territorial sea. width not exceeding 200 miles, for which the MP has established a special legal regime. The width is measured from the same lines as the width of the territorial sea. The rights of the state within the economic framework relate to the exploration, development and conservation of both living and non-living resources, both in odes. and not in the bottom and in its depths. The coastal state has the right to manage economic activities in the zone. Thus, within the economic zone, states have limited sovereignty. This sovereignty gives the coastal state the right to detain and inspect foreign vessels engaged in illegal activities within the economic zone. However, they can extend full sovereignty to artificial islands within the economic zone. A 500-meter security zone can be established around these islands. At the same time, artificial islands cannot have their own continental shelf and territorial sea.

Legal regime of international straits and legal regime of international channels

An international strait is a strait used for maritime shipping that leads from one part of the high seas or exclusive economic zone to another, and is also used as an international strait for a long time.

In relation to international straits it applies principle of freedom of transit ships through it.

The 1982 Convention does not affect straits, the regime of which is limited by special conventions. For example, the regime of the Black Sea straits is stipulated in the Montreux Convention of 1936. Civil vessels can pass through the Black Sea straits without hindrance. Warships must notify the Turkish government before passage. Only Black Sea countries can conduct battleships and submarines through the straits.

In addition to the mentioned Black Sea straits (Bosporus and Dardanelles), the most important international straits are considered to be: the Baltic straits. Strait of Gibraltar, Straits of Malacca and Singapore, Strait of Magellan.

International channels and straits are divided into two groups:

1. Straits and canals connecting the open seas

2. Straits and canals connecting the open sea with the closed one.

The most important international canals are the Suez Canal (the regime is determined by the Constantinople Convention of 1888), the Panama Canal (the regime is determined by the treaty between the USA and Panama of 1903), the Kiel Canal (the regime is determined by the Treaty of Versailles of 1919)

Legal regime of the continental shelf.

The continental shelf is a natural extension of the land territory to the outer boundary of the underwater edge of the continent or up to 200 miles if the boundaries of the underwater edge of the continent do not reach this limit. The shelf includes the bottom and subsoil.

The coastal state exercises sovereign rights over the shelf in relation to the exploration and development of natural resources, namely, mineral resources of the bottom and subsoil, as well as living organisms belonging to “sessile species”. However, in this case the state does not extend its sovereignty to the water and air space above the continental shelf. All states also have the right to lay submarine cables on “foreign” continental shelves. The delimitation of the continental shelf between coastal states is carried out on the basis of mutual agreements.

The seabed and its subsoil are the common heritage of mankind and are open to economic and scientific use by states.

The continental shelf and seabed are a demilitarized zone.

Definition of the sea regime outside the exclusive economic zone

Outside the economic zone is an area called the high seas.

The open sea is in the common, equal and free use of the peoples of all countries. There is no jurisdiction here other than that of a State over its national vessel.

Nationality of the vessel determined by its flag. The procedure for receiving the flag of a state by a ship is established by the internal legislation of the latter. The nationality of the ship determines the jurisdiction applicable to the ship. Within the high seas, the ship and crew are subject to the laws of its flag. The arrest or detention of a vessel is possible only with the consent of the authorities of the flag state of the vessel. In the territorial sea, the criminal jurisdiction of the coastal state extends to the ship if the actions of the ship or crew affect the interests of the coastal state or its citizens.

Universal jurisdiction States is possible in cases of persecution of a pirate ship, which any state has the right to pursue and punish. Any ship can be subject to inspection if there is reason to believe that it is engaged in the slave trade, unauthorized broadcasting, has no nationality, or refuses to fly a flag.

On the high seas, it is possible to pursue a foreign vessel if it violates the laws of the coastal state while in its internal, territorial waters, as well as in the adjacent zone. The pursuit must be continuous and terminated by the entry of a foreign vessel into the territorial sea of ​​a foreign state.

1. The concept of international maritime law

Since ancient times, the spaces of the seas and oceans have served humanity as a field for various activities (navigation, extraction of living and non-living marine resources, scientific research, etc.). In the process of this activity, states and international organizations enter into relations with each other, which are regulated by legal norms that are interconnected and constitute the whole area of ​​international legal regulation called international maritime law.

Due to the unique nature of maritime activities, the vast majority of norms of international maritime law are not found in other areas of international legal regulation. These are freedom of navigation on the high seas, the right of peaceful passage of sea vessels through the territorial waters of foreign states, the right of unimpeded transit passage of ships and the flight of aircraft through straits used for international navigation, etc. Some of the norms of international maritime law are considered as its principles in view of their great importance for the regulation of maritime activities. Let us point out, in particular, the principle of freedom of navigation for all ships of all states on the high seas. This principle has a certain impact on the content of the legal regime of territorial waters, exclusive economic zones, international straits and some other maritime spaces. It is also advisable to note the fundamental provision established by the 1982 UN Convention on the Law of the Sea that all maritime areas and zones outside territorial waters are reserved by the convention for peaceful uses.

International maritime law is an organic part of general international law: it is guided by the latter’s regulations on subjects, sources, principles, the law of international treaties, liability, etc., and is also interconnected and interacts with its other branches (international air law, space law, etc. .). Of course, subjects of international law, when carrying out their activities in the World Ocean, affecting the rights and obligations of other subjects of international law, must act not only in accordance with the norms and principles of international maritime law, but also with the norms and principles of international law in general, including the Charter of the Organization United Nations, in the interests of maintaining international peace and security, developing international cooperation and mutual understanding.

International maritime law is one of the most ancient parts of international law, dating back to the ancient world. But its codification was first carried out only in 1958 in Geneva by the First UN Conference on the Law of the Sea, which approved four conventions: on the territorial sea and the contiguous zone; about the open sea; about the continental shelf; on fishing and protection of living marine resources. These conventions are still in force for the states participating in them. The provisions of these conventions, to the extent that they declare generally recognized norms of international law, in particular international customs, must be respected by other states. But it must be borne in mind that soon after the adoption of the Geneva Conventions on the Law of the Sea of ​​1958, new factors of historical development, in particular the emergence in the early 60s of a large number of independent developing states that demanded the creation of a new law of the sea that would meet the interests of these states, as well as the emergence as a result of the scientific and technological revolution of new opportunities for the development of the World Ocean and its resources, led to profound changes in international maritime law. These changes were reflected in the 1982 UN Convention on the Law of the Sea; which was signed by 157 states, as well as the EEC and, on behalf of Namibia, the UN Council for Namibia. This convention has reached the 60 ratifications required for it to enter into force, and from November 16, 1994 will become mandatory for its parties. Many other states comply with it in practice. In addition to the above conventions, international maritime law includes a significant number of other international agreements and international customs.

2. Classification of maritime spaces

From an international legal point of view, the spaces of seas and oceans on our planet are divided into: 1) spaces under the sovereignty of various states and constituting the territory of each of them; 2) spaces that are not covered by the sovereignty of any of them.

The belonging of a part of the World Ocean to one of the specified types of sea spaces determines, therefore, the legal status, or legal status, of this part of the sea. The legal status of any maritime space has a great impact on the procedure for establishing and maintaining the legal regime regulating activities in this space. In this case, naturally, other circumstances are also taken into account, in particular the importance of the corresponding maritime space for communications and various types cooperation between states.

The territory of a country that has a sea coast includes parts of the sea located along its shores and called internal sea waters and territorial sea (or territorial waters - both terms are equivalent). The territory of states consisting entirely of one or more archipelagos includes archipelagic waters located between the islands within the archipelago.

Inland sea waters, territorial sea and archipelagic waters are only a small part of the World Ocean. Vast spaces of seas and oceans beyond their borders are not part of the territory and are not subject to the sovereignty of any state, that is, they have a different legal status. However, the classification of maritime spaces solely on the basis of their legal status is not exhaustive. As practice shows, two, and sometimes more, maritime spaces that have the same legal status, nevertheless have different legal regimes that regulate the corresponding activities in each of them. The legal regime of internal sea waters in some important respects differs from the legal regime of the territorial sea, and the legal regime of archipelagic waters does not coincide with the legal regime of either internal waters or the territorial sea, although all these three parts of sea waters are considered respectively the waters of the coastal state, that is, they have uniform legal status. An even more variegated picture can be observed within the maritime spaces that do not fall under the sovereignty of any state and are located outside the territorial waters. They consist of areas that differ from each other by a specific legal regime (contiguous zone, exclusive economic zone, continental shelf, etc.).

These circumstances are taken into account when classifying maritime spaces.

A separate type of maritime space consists of straits used for international navigation. Within their boundaries there are waters that have not only different legal regimes, but also different legal status. Therefore, these straits themselves are divided into a number of categories.

The situation with some of the most important sea canals is peculiar. They, being artificial structures of a coastal state and its internal waters, due to their great importance for international navigation, are subject to a specific international legal regime.

Thus, the legal classification of maritime spaces should be carried out taking into account the legal status and features of the legal regime of a particular maritime space. This approach is consistent with historical tradition and is also based on the 1982 Law of the Sea Convention.

3. Inland sea waters

The concept of internal sea waters. The territory of each state with a sea coast includes internal sea waters. International agreements and national laws of various states include among them the waters located between the coast of the state and the straight baselines adopted to measure the width of the territorial sea.

The following are also considered internal sea waters of a coastal state: 1) port waters limited by a line passing through the points of hydraulic engineering and other port structures that are most distant towards the sea; 2) a sea completely surrounded by land of the same state, as well as a sea whose entire coastline and both shores of the natural entrance to it belong to the same state (for example, the White Sea); 3) sea bays, lips, estuaries and bays, the shores of which belong to the same state and the width of the entrance to which does not exceed 24 nautical miles.

In the case when the width of the entrance to the bay (bay, lip, estuary) is more than 24 nautical miles, to measure the internal sea waters inside the bay (bay, lip, estuary), a straight baseline of 24 nautical miles is drawn from coast to coast in such a way: so that this line encloses as much water as possible.

The above rules for counting internal waters in bays (bays, lips and estuaries) do not apply to “historical bays”, which, regardless of the width of the entrance to them, are considered internal waters of the coastal state due to historical tradition. Such “historical bays” include, in in particular, in the Far East, Peter the Great Bay to the line connecting the mouth of the Tyumen-Ula River with Cape Povorotny (the width of the entrance is 102 nautical miles). The status of Peter the Great Bay as a “historical bay” was determined by Russia in 1901 in the rules of marine fishing in the territorial waters of the Amur Governorate General, as well as in the Russian and USSR agreements with Japan on fisheries issues of 1907, 1928 and 1944.

Canada considers Hudson Bay its historical waters (the width of the entrance is about 50 nautical miles). Norway - Varangerfjord (entrance width 30 nautical miles), Tunisia - Gulf of Gabes (entrance width about 50 nautical miles).

In our doctrine, the opinion was expressed that the Siberian seas such as the Kara, Laptev, East Siberian and Chukotka can be classified as historical maritime spaces, since these ice bays have been developed for navigation and are maintained in navigable condition over a long historical period by the efforts of Russian sailors and are of incomparable importance for the economy, defense and protection of the natural environment of the Russian coast. Shipping along the Northern Sea Route, which runs through the above-mentioned Siberian seas and was developed through the great efforts of our country and our seafarers, is regulated as shipping along the national sea route on a non-discriminatory basis. By Decree of the Council of Ministers of the USSR dated July 1, 1990, the Northern Sea Route is open to ships of all flags, subject to certain rules, in particular regarding mandatory icebreaking pilotage of ships due to the difficult navigation situation and in order to ensure the safety of navigation in some Arctic regions located within routes of the Northern Sea Route.

The legal regime of internal sea waters is established by the coastal state at its discretion. In particular, navigation and fishing in inland waters, as well as scientific and exploration activities, are governed exclusively by the laws and regulations of the coastal State. In these waters, foreigners are generally prohibited from engaging in any fishing or research activities without special permission. As a rule, any foreign vessels may enter the internal waters of another state with the latter's permission. The exception is cases of forced entry of vessels due to natural disaster, as well as the waters of open ports.

Legal regime of seaports. The water areas of seaports are part of internal sea waters. Therefore, the coastal state has the right to determine the procedure for access of ships of other countries to its ports, as well as the procedure for their stay there. It has the right, as a sovereign, to decide whether or not to open certain of its ports for the entry of foreign ships. This international custom was confirmed by the Convention on the Regime of Sea Ports, concluded in Geneva in 1923. About 40 coastal states are its participants.

However, in the interests of developing international relations, coastal states open many of their commercial ports to the free entry of foreign ships without discrimination.

According to the International Convention for the Safety of Life at Sea, 1974, the entry into seaports of foreign nuclear ships requires the provision of advance information to the relevant coastal state that such entry will not threaten nuclear safety. For foreign warships to enter seaports, an invitation from the coastal state or prior permission must be obtained, and some countries require notification of the coastal state.

All ships while in foreign ports are required to comply with laws and regulations, as well as orders of the authorities of the coastal state, including on issues of border, customs, sanitary regimes, collection of port dues, etc. Typically, states enter into agreements between themselves on trade and navigation, which determine the procedure for entry and the legal regime of stay in the ports of merchant ships of the contracting states. When servicing foreign ships and providing them with services in ports, one of two principles is applied: national treatment (providing the treatment enjoyed by domestic ships) or most favored nation (providing conditions no worse than those enjoyed by ships of any most favored third state) .

The resolution of criminal cases relating to seafarers and other persons on board foreign ships while they are in ports, and civil cases relating to the said ships themselves, their crews and passengers, falls within the competence of the judicial institutions of the coastal state. Typically, the authorities of a coastal state will refrain from exercising criminal jurisdiction over seafarers of foreign merchant ships in cases where this is not caused by the interests of the coastal state, that is, when the offenses committed on board a foreign merchant ship are not of a grave nature and do not affect the interests of citizens of the coastal state , do not violate public peace or public order in it or its safety, do not affect the interests of persons not belonging to the crew of this ship.

According to international custom and practice of states, in internal waters on foreign ships, internal regulations (in particular, the relationship between the captain and the crew of the ship) are regulated by the laws and regulations of the country whose flag the ship flies.

In 1965, the Convention on Facilitation of International Shipping was concluded, which contains recommended standards and practices to simplify and reduce the formalities and documents relating to the entry, stay and departure of ships into foreign ports.

Warships lawfully present in a foreign port enjoy immunity from the jurisdiction of the coastal state. But they are obliged to comply with the laws and regulations of the coastal state, as well as the relevant norms of international law (prohibition of the threat or use of force, non-interference, etc.).

State maritime non-military vessels, including commercial ones, based on historically established long-standing custom, also enjoyed immunity from foreign jurisdiction at sea. However, the 1958 Geneva Conventions on the Territorial Sea and the Contiguous Zone, as well as on the High Seas, as well as the 1982 UN Convention on the Law of the Sea, in contrast to this custom, recognize immunity only for government ships operated for non-commercial purposes.

The legislation of a number of states, in particular the United States, also includes significant restrictions on the immunity of foreign state-owned commercial vessels. At the same time, a number of bilateral agreements concluded by the USSR on issues of merchant shipping (with Ghana, Angola and some other countries) had provisions recognizing the immunity of all state ships.

4. Territorial sea

The concept of territorial sea. The maritime belt located along the coast, as well as outside the internal sea waters (for an archipelago state - beyond the archipelagic waters), is called the territorial sea, or territorial waters. The sovereignty of the coastal state extends to this sea belt of a certain width. The outer limit of the territorial sea is the maritime state boundary of the coastal state. The basis for recognizing the right of a coastal state to include the territorial sea as part of its state territory was the obvious interests of this state in relation to both protecting its coastal possessions from attacks from the sea, and ensuring the existence and well-being of its population through the exploitation of the marine resources of adjacent areas.

The sovereignty of a coastal state extends to the surface and subsoil of the territorial sea bed, as well as to the airspace above it. Provisions on the extension of the sovereignty of a coastal state over the territorial sea are contained in Art. 1 and 2 of the 1958 Convention on the Territorial Sea and Contiguous Zone and Art. 2 of the 1982 UN Convention on the Law of the Sea. Naturally, in the territorial sea the laws and regulations established by the coastal state apply.

In the territorial sea, the sovereignty of the coastal state is exercised, however, subject to the right of foreign sea vessels to enjoy innocent passage through the territorial sea of ​​other countries.

Recognition of the right of innocent passage of foreign ships through the territorial sea distinguishes the latter from internal sea waters.

Width of the territorial sea. The normal baseline for measuring the width of the territorial sea is the low tide line along the coast. In places where the coastline is deeply indented and winding, or where there is a chain of islands along the coast and in close proximity to it, the method of straight baselines connecting the corresponding points can be used to draw the baseline.

When drawing the initial lines, no noticeable deviations from the general direction of the coast are allowed. In addition, the straight baseline system cannot be applied by a State in such a way as to cut off the territorial sea of ​​another State from the high seas or exclusive economic zone.

Throughout the 19th century and into the mid-20th century, international custom developed that the outer limit line of the territorial sea could be within a range of 3 to 12 nautical miles from the baseline lines for measuring the territorial sea. The International Law Commission noted in 1956 that "international law does not permit the extension of the territorial sea beyond 12 miles." However, due to disagreements between states, the First UN Conference on the Law of the Sea was unable to fix this provision in the Convention on the Territorial Sea and Contiguous Zone it adopted. Only the 1982 UN Convention on the Law of the Sea for the first time declared by treaty as a universal norm of international law that “every State has the right to fix the breadth of its territorial sea to a limit not exceeding 12 nautical miles,” measured from the baselines established by it . Currently, over 110 states have established the width of the territorial sea up to 12 nautical miles. However, about 20 states have a width that exceeds the limit established by international law. And more than 10 of them (Brazil, Costa Rica, Panama, Peru, El Salvador, Somalia and some others), by unilateral legislative acts adopted before the UN Convention on the Law of the Sea, expanded their territorial waters to 200 nautical miles. Apparently, the solution to the problem that has arisen in this way can be facilitated by the entry into force of the Convention on the Law of the Sea or its actual implementation by the overwhelming majority of states.

The delimitation of the territorial sea between opposite or adjacent states, in appropriate cases, is carried out according to agreements between them, taking into account the specifics of each case. In the absence of such an agreement, coastal states cannot extend their territorial sea beyond the median line.

Innocent passage of foreign ships through the territorial sea. The 1958 Convention on the Territorial Sea and the Contiguous Zone and the 1982 UN Convention on the Law of the Sea provide for the right of innocent passage through the territorial sea for foreign ships. Passage through the territorial sea means the navigation of ships for the purpose of: a) crossing this sea without entering internal waters, as well as without stopping at a roadstead or port facility outside internal waters; b) go into or out of internal waters or stand in a roadstead or port facility outside internal waters. The passage of a foreign vessel through the territorial sea is considered peaceful unless it interferes with the peace, good order or security of the coastal State.

The UN Convention on the Law of the Sea states, in particular, that passage is not innocent if the passing vessel allows the threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State or in any other manner in violation of the principles of international law embodied in the UN Charter, carries out maneuvers or exercises with weapons of any kind, any act intended to affect the defense or security of the coastal state, as well as any other act not directly related to passage (lifting and landing of aircraft, unloading and loading of goods, currencies, persons, sea ​​pollution, fishing, etc.).

A coastal state has the right to take the necessary measures in its territorial sea to prevent passage that is not peaceful. It may also, without discrimination between foreign vessels, temporarily suspend in certain areas of its territorial sea the right of innocent passage of foreign vessels if such suspension is essential for the protection of its security, including the conduct of weapons exercises. Such suspension comes into force only after due notification of it (diplomatically or through “Notices to Mariners”, or otherwise). According to the Convention, when exercising the right of innocent passage through the territorial sea, foreign ships are required to comply with the laws and regulations adopted by the coastal state in accordance with the provisions of the Convention and other rules of international law. These rules may relate to: safety of navigation and regulation of vessel traffic; conservation of resources and prevention of violation of fishing regulations of the coastal state; protection environment; marine scientific research and hydrographic surveys; customs, sanitary, fiscal and immigration regimes.

Coastal State regulations should not, however, apply to the design, construction, manning or equipment of foreign ships unless they give effect to generally accepted international norms and standards. Consequently, a coastal state cannot, at its own discretion, determine the technical characteristics of ships passing through its territorial sea or the procedure for manning their crews and, on this basis, regulate the right of innocent passage.

But foreign vessels must comply with all laws and regulations when passing, as well as generally accepted international rules regarding the prevention of collision at sea.

The coastal State, if necessary and taking into account the safety of navigation, may require foreign vessels exercising the right of innocent passage through its territorial sea to use sea lanes and traffic separation schemes that it may establish or prescribe (subject to the recommendations of competent international organizations). The requirement to strictly follow such sea lanes may be imposed on tankers or ships with nuclear engines or ships carrying toxic or dangerous substances and materials.

Foreign vessels cannot be subject to any charges merely for their passage through the territorial sea.

Criminal and civil jurisdiction over merchant ships and government vessels operated for non-commercial purposes. The criminal jurisdiction of a coastal State shall not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to investigate any offense committed on board the ship during its passage, except in the following cases:

• a) if the consequences of the crime extend to the coastal state;
• b) if the crime committed violates the peace in the country or good order in the territorial sea;
• c) if the captain of the ship, diplomatic agent or consular officer of the flag state turns to local authorities with a request for assistance;
• d) if such measures are necessary to suppress illegal trade in narcotic drugs or psychotropic substances.

The foregoing provisions do not affect the right of a coastal State to take any measures permitted by its laws to arrest or investigate on board a foreign vessel passing through the territorial sea after leaving its internal waters.

A coastal State must not stop or divert a foreign vessel passing through its territorial sea for the purpose of exercising civil jurisdiction over a person on board. It may foreclose or seize such a vessel in any civil action only on account of obligations or liability incurred or incurred by the vessel during or for its passage through the waters of the coastal State. A coastal State may exercise civil jurisdiction over a foreign ship anchored in the territorial sea or passing through the territorial sea after leaving internal waters.

State vessels used for non-commercial purposes enjoy immunity from the criminal and civil jurisdiction of the coastal state. The Convention on the Territorial Sea and the Contiguous Zone and the UN Convention on the Law of the Sea provide for the right of innocent passage of foreign warships through the territorial sea. However, the first gave its participants the right to make reservations, including regarding the innocent passage of warships, while the second does not allow such reservations, but contains clear regulations for innocent passage, as discussed above.

Warships in the territorial sea, as in other areas of the World Ocean, enjoy immunity from the actions of the authorities of the coastal state. But if a foreign warship fails to comply with the laws and regulations of the coastal State relating to passage through the territorial sea, and ignores any request made to it to comply with them, the coastal State may require it to immediately leave the territorial sea. This convention requirement, of course, must be immediately fulfilled, and any issues arising in connection with this must be resolved diplomatically. Such questions arose, in particular, in 1986 and 1988 in connection with the entry of US Navy warships into what was then Soviet territorial waters in the Black Sea. As a result, the parties agreed in 1989 on a “uniform interpretation of the rules of international law” governing innocent passage.

In accordance with this document, they, along with other provisions, agreed to consider that in areas of the territorial sea where sea lanes or traffic separation schemes are not prescribed, vessels nevertheless enjoy the right of innocent passage. In a simultaneous exchange of letters, the United States stated that, without prejudice to its overall position on the issue of innocent passage, it “has no intention of implementing the peaceful passage of American warships through the territorial sea of ​​the Soviet Union in the Black Sea.”

5. Maritime spaces beyond the territorial sea

The concept of the open sea in historical development. The spaces of seas and oceans that are outside the territorial sea and, therefore, are not part of the territory of any state, have traditionally been called the high seas. And although individual parts of these spaces (contiguous zone, continental shelf, exclusive economic zone, etc.) have different legal regimes, they all have the same legal status: they are not subject to the sovereignty of any state. The exclusion of the high seas from the sovereignty of a state or group of states was an integral part of a single historical process, accompanied by the simultaneous recognition of the right of each state to freely use the high seas.

This process turned out to be long and complex, and it arose as a result of the needs of states to exercise freedom of maritime relations for the exchange of manufactured goods and access to overseas sources of raw materials.

Ideas about the free use of the sea and the inadmissibility of extending the power of individual states to the seas and oceans were expressed quite widely back in the 16th-17th centuries. This point of view received the most profound justification at that time in the book of the outstanding Dutch lawyer Hugo Greece “The Free Sea” (1609). But the principle of freedom of the high seas received general recognition only at the beginning of the 19th century. Its widespread adoption was long hampered by Great Britain, which claimed, often not without success, the role of “mistress of the seas.”

For several centuries, freedom of the high seas was understood primarily as freedom of navigation and sea fishing. But over time, the content of the concept of freedom of the high seas was clarified and changed, although the high sea itself remained not subject to the control of any state. In connection with the achievements of science and technology and the emergence of new types of activities of states in the World Ocean, the traditional freedoms of the high seas in the second half of the 19th and early 20th centuries significantly expanded and replenished. They began to include freedom to lay underwater telegraph and telephone cables along the seabed, as well as pipelines, and freedom to fly in airspace over the open sea.

The concepts that emerged by the middle of the 20th century, as well as the provisions that make up the legal regime of the high seas, were declared in the 1958 Convention on the High Seas. It stated: “The words ‘high sea’ mean all parts of the sea which are not included either in the territorial sea or in the internal waters of any state” (Article 1). It further stated that “no state has the right to lay claim to subjection of any part of the high seas to its sovereignty" and "the high seas are open to all nations", that is, they are in the free use of all states. Expanding the content of the last provision, the Convention determined that freedom of the high seas includes, in particular: 1) freedom of navigation ; 2) freedom of fishing, 3) freedom to lay submarine cables and pipelines, and 4) freedom of overflight over the high seas (Article 2). Freedom of the high seas also included freedom of marine scientific research. However, new historical developments led to the adoption in 1982 of a comprehensive UN Convention on the Law of the Sea The new Convention introduced a number of major changes to the legal regime of the high seas.It gave coastal states the right to establish, outside the territorial sea in the adjacent area of ​​the high seas, an exclusive economic zone up to 200 nautical miles wide, which recognizes the sovereign rights of the coastal states for exploration and development of natural resources of the zone. Freedom of fishing and freedom of scientific research in the exclusive economic zone were abolished and replaced by new provisions. The coastal state was recognized as having jurisdiction over the conservation of the marine environment and the creation of artificial islands and installations.

The UN Convention on the Law of the Sea, in addition, redefined the concept of the continental shelf, introduced the concept of “the area of ​​the seabed beyond the continental shelf,” and also established the procedure for the exploration and development of natural resources within these spaces.

Legal regime of maritime spaces outside the territorial sea. While granting coastal states a number of very significant rights to resources, protection of the marine environment and regulation of scientific research within the exclusive economic zone, the UN Convention on the Law of the Sea did not change the legal status of maritime spaces outside the territorial sea, confirming that no state has the right to claim to subordinate these spaces to its sovereignty. It retained in them, in addition, for all states the right to use the freedoms of navigation and flight, laying submarine cables and pipelines and other internationally legalized rights and uses of the high seas (Articles 58, 78, 89, 92, 135, etc. ).

In maritime spaces beyond the outer limit of territorial waters, ships, as before, are subject to the exclusive jurisdiction of the state whose flag they fly. No foreign military, border or police ship or any other foreign vessel has the right to prevent ships of other states from lawfully enjoying the freedoms of the high seas or to apply coercive measures against them. Strictly limited exceptions are allowed from this principle, applied in specific cases clearly defined by international law.

These exceptions, accepted by all states, are intended to ensure compliance in these parts of the World Ocean with the rules of international law and the safety of navigation in the general interest. Thus, outside the territorial waters, a warship or military aircraft of any state, as well as other ships and aircraft authorized for this purpose by their state, can seize a pirate ship or a pirate aircraft, arrest the persons on them for subsequent prosecution order of those guilty of committing acts of piracy on the high seas - violence, detention or robbery carried out by the crew for personal purposes.

In addition to the above cases, the inspection or detention of a foreign ship here may take place on the basis of a specific agreement between states. As an example, let us cite the current International Convention for the Security of Submarine Cables of 1984, which provides military and patrol vessels of states participating in the Convention to stop non-military vessels flying the flag of states party to the Convention on suspicion of damage to a submarine cable, as well as to draw up reports of violations of the Convention. Such protocols are transmitted to the state under whose flag the offending vessel flies in order to bring it to justice. The UN Convention on the Law of the Sea also provides for the obligation of states to cooperate in curbing the transport of slaves on sea-going vessels, the illegal trade in narcotics and psychotropic substances carried out by vessels on the high seas in violation of international conventions, as well as unauthorized broadcasting from the high seas in violation of international obligations.

However, if the detention or inspection of a ship or aircraft on suspicion of illegal activities turns out to be unfounded, then the detained ship must be compensated for any loss or damage. This provision also applies to the right of prosecution.

International law has traditionally recognized the right of a coastal State to pursue or arrest on the high seas a foreign vessel that has violated its laws and regulations while that vessel is in the internal waters, territorial sea or contiguous zone of that State. This right is extended by the UN Convention on the Law of the Sea to violations of the laws and regulations of a coastal state relating to the continental shelf and exclusive economic zone. The pursuit must be "hot pursuit", that is, it can begin at the moment when the offending vessel is respectively in the internal waters, territorial sea, contiguous zone, waters covering the continental shelf, or in the exclusive economic zone of the coastal state, and must be carried out continuously. In this case, the “hot pursuit” stops as soon as the pursued vessel enters the territorial sea of ​​its country or a third state. Continued persecution in someone else's territorial sea would be incompatible with the sovereignty of the State to which that sea belongs.

Warships, as well as ships owned (or operated by) the state and consisting of public service, enjoy beyond the outer limit of the territorial sea complete immunity from the coercive actions and jurisdiction of any foreign state.

Use of maritime spaces for peaceful purposes and ensuring the safety of navigation. The UN Convention on the Law of the Sea has established that sea waters beyond the territorial sea and the international seabed area are reserved for peaceful purposes. This means, at the very least, that in these maritime areas states should not allow any aggressive, hostile or provocative actions against each other. A number of other international agreements, which are partially or entirely aimed at solving this problem, also contribute to ensuring peaceful activities and peaceful relations on the seas and oceans. These include, in particular, the Treaty Banning Tests of Nuclear Weapons in the Atmosphere, in Outer Space and Under Water of 1963, the Treaty Prohibiting the Placement on the Bottom of the Seas and Oceans and in Their Subsoil of Nuclear Weapons and Other Weapons of Mass Destruction of 1971, the Convention the 1977 Prohibition of Military or Any Other Hostile Impact on the Natural Environment; and the 1985 South Pacific Nuclear Free Zone Treaty (Treaty of Rarotonga).

Here, bilateral agreements concluded by the Soviet Union with the USA, Great Britain, Germany, Italy, France, Canada and Greece on the prevention of incidents at sea outside territorial waters are in force. These agreements require warships of parties to the agreements to remain sufficiently far apart from each other in all cases to avoid the risk of collision, they oblige warships and aircraft not to undertake simulated attacks or simulated use of weapons, not to conduct maneuvers in areas of heavy shipping, and not allow certain other actions that could lead to incidents at sea and in the airspace above it. Actions prohibited by the agreements should not be applied to non-military ships and aircraft.

In addition to the military side, maritime safety also includes other aspects related to the protection of human life at sea, the prevention of ship collisions, rescue, the design and equipment of ships, crewing, the use of signals and communications. In particular, maritime states have repeatedly concluded agreements on the protection of human life at sea, taking into account the development and changing conditions of navigation. The latest version of the Safety of Life at Sea Convention was approved at a conference convened by the Intergovernmental Maritime Organization (since 1982 International Maritime Organization) in London in 1974. The Convention and its 1978 Protocol establish mandatory provisions relating to the design of ships, fire safety, life-saving equipment sufficient to provide for all passengers and members of the ship's crew in the event of an accident or danger, crew composition, navigation rules for nuclear ships, etc. In the Convention The 1974 Protocol and the 1978 Protocol were subsequently amended to take into account technical advances in this area.

The International Regulations for Preventing Collisions that are currently in force were adopted in 1972. They define the procedure for the use of signals (flags, sound or light), the use of radars, the divergence and speed of ships when they approach, etc. Issues of maritime rescue are regulated by the Maritime Search and Rescue Convention of 1979 and the Salvage Convention of 1989.

General provisions relating to the responsibilities of a State with regard to the safety of navigation of ships flying its flag, assistance and liability in the event of collision are contained in the 1958 High Seas Convention and the 1982 UN Convention on the Law of the Sea. Since the mid-80s of this century, cases of criminal acts aimed against the safety of maritime navigation, which are qualified as terrorism at sea, have become more frequent (seizure of a ship by force or threat of force, murder or hostage-taking on hijacked ships, destruction of equipment on ships or their destruction). Such acts are committed in internal waters, in the territorial sea and beyond. These circumstances prompted the international community to conclude in 1988 the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against Fixed Platforms on the Continental Shelf. These agreements provide for measures to combat terrorism at sea, entrusting their participants with the implementation of these measures.

Marine environment protection. Fundamentally important provisions articulating the responsibilities of states to protect and preserve the marine environment are contained in the UN Convention on the Law of the Sea. They relate to the prevention and reduction of marine pollution from land-based sources resulting from activities on seabed, pollution from sea vessels, as well as by dumping toxic, harmful and noxious substances or pollution from or through the atmosphere.

States have concluded special conventions to combat marine oil pollution. These are, in particular, the Convention for the Prevention of Marine Pollution by Oil of 1954, the Convention on Civil Liability for Damage from Marine Oil Pollution of 1969, the International Convention on Intervention on the High Seas in Case of Marine Pollution Casualties of 1969, which in 1973 was supplemented by the Protocol on Intervention on the High Seas in Cases of Pollution by Substances Other than Oil.

In 1973, instead of the above-mentioned 1954 Convention, taking into account the intensity of shipping and the emergence of new sources of pollution, a new Convention on the Prevention of Marine Pollution by Oil and Other Liquid Substances was concluded. It introduced “special areas” in which the dumping of oil and its waste is completely prohibited (the Baltic Sea with a strait zone, the Black and Mediterranean seas and some others). In 1982, the new convention came into force.

In 1972, the Convention for the Prevention of Marine Pollution from Ships (meaning the dumping of waste and materials containing mercury, radioactive substances, poisonous gases and similar hazardous substances) was concluded. The Convention equates the deliberate sinking of ships, aircraft, platforms and other structures to dumping.

The prevention of pollution of the marine environment by radioactive waste is also facilitated by the Ban Treaty. nuclear tests in three environments and the Treaty on the Prohibition of the Placement of Nuclear Weapons and Other Weapons of Mass Destruction on the Bottom of the Seas and Oceans.

6. Adjacent zone

Since the mid-19th century, some countries whose territorial sea width was 3-4-6 nautical miles began to establish an additional maritime zone outside their territorial sea to exercise control over it in order to ensure compliance by foreign vessels with immigration, customs, fiscal and sanitary rules Such zones adjacent to the maritime territory of a coastal state are called contiguous zones.

The sovereignty of the coastal state does not extend to these zones, and they retain the status of the high seas. Since such zones were created for specific and clearly named purposes, and did not extend beyond 12 nautical miles, their establishment did not raise objections. The right of the coastal state to establish a contiguous zone in this form and within a limit of up to 12 nautical miles was enshrined in the Convention on the Territorial Sea and the Contiguous Zone of 1958 (Article 24).

The 1982 UN Convention on the Law of the Sea also recognizes the right of a coastal state to a contiguous zone over which it may exercise the controls necessary to: a) prevent violations of customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea; b) punishment for violation of the above laws and regulations committed within its territory or territorial sea (clause 1 of Article 33).

However, the UN Convention on the Law of the Sea, unlike the Convention on the Territorial Sea and the Contiguous Zone, specifies that the contiguous zone cannot extend beyond 24 nautical miles measured from the baselines for measuring the breadth of the territorial sea. This means that the contiguous zone can also be established by those states whose territorial sea width reaches 12 nautical miles.

7. Continental shelf

From a geological point of view, the continental shelf is understood as the underwater continuation of the mainland (continent) towards the sea before its abrupt break or transition into the continental slope.

From an international legal point of view, the continental shelf means the seabed, including its subsoil, extending from the outer border of the territorial sea of ​​the coastal state to the limits established by international law.

The issue of the continental shelf in international legal terms arose when it became clear that in the depths of the shelf there were deposits of mineral raw materials that became available for extraction.

At the First UN Conference on the Law of the Sea in 1958, a special Convention on the Continental Shelf was adopted, which recognized the sovereign rights of a coastal state over the continental shelf for the purpose of exploration and development of its natural resources, including mineral and other non-living resources of the surface and subsoil of the seabed, living organisms of “sessile species” (pearls, sponges, corals, etc.) attached to the seabed or moving along or under it during the appropriate period of their development. The latter species also included crabs and other crustaceans.

The Convention provided for the right of a coastal state, when exploring and developing the natural resources of the continental shelf, to erect the necessary structures and installations, as well as create 500-meter safety zones around them. These structures, installations and safety zones should not be established if they would interfere with the use of recognized sea routes of significant importance to international navigation.

The Convention states that the continental shelf means the surface and subsoil of the seabed of underwater areas beyond the territorial sea to a depth of 200 m or beyond this limit to such a place to which the depth of the covering waters allows the development of the natural resources of these areas. Such a definition of the continental shelf could give a coastal state the basis to extend its sovereign rights over an indefinitely wide sea area as its technical capabilities for extracting shelf resources increase. This was a significant drawback of this definition.

At the III Conference on the Law of the Sea, digital limits were adopted to establish the outer limit of the continental shelf. The UN Convention on the Law of the Sea has defined the continental shelf of a coastal state as “the seabed and subsoil of submarine areas extending beyond the territorial sea throughout the natural extension of its land territory to the outer limit of the submarine margin of the continent or a distance of 200 nautical miles from the baselines from which the width of the territorial sea is measured when the outer boundary of the underwater edge of the continent does not extend to such a distance” (clause 1 of article 76).

In cases where the submerged continental margin of a coastal State's shelf extends more than 200 nautical miles, the coastal State may include the outer limit of its shelf beyond 200 nautical miles having regard to the location and actual extent of the shelf, but in all circumstances the outer limit of the continental shelf must be no further than 350 nautical miles from the baselines from which the width of the territorial sea is measured, or no further than 100 nautical miles from the 2500-meter isobath, which is a line connecting the depths of 2500 m (clause 5 of article 76). In accordance with the Convention, a Commission on the Limits of the Continental Shelf is created. The boundaries established by the coastal state on the basis of the recommendations of the said Commission are final and binding on all.

The rights of a coastal state to the continental shelf do not affect the legal status of the covering waters and the airspace above them. Consequently, the exercise of these rights should not lead to the infringement of freedom of navigation and freedom of overflight over the continental shelf. In addition, all states have the right to lay submarine cables and pipelines on the continental shelf. In this case, the determination of the route for their construction is carried out with the consent of the coastal state.

Scientific research on the continental shelf within 200 nautical miles may be carried out with the consent of the coastal state. However, it cannot, at its discretion, refuse consent to other countries to conduct marine research on the continental shelf beyond 200 nautical miles, except in areas in which it is or will be conducting detailed exploration operations for natural resources.

As a rule, coastal states regulate the exploration and development of natural resources and scientific activities on adjacent shelves through their national laws and regulations.

8. Exclusive economic zone

The question of creating an exclusive economic zone outside the territorial sea in the area immediately adjacent to it arose at the turn of the 60-70s of our century. The initiative to set it up came from developing countries, who believed that in the current conditions of the enormous technical and economic superiority of developed countries, the principle of freedom of fishing and extraction of mineral resources on the high seas does not meet the interests of the countries of the “third world” and is beneficial only to maritime powers that have the necessary economic and technical capabilities, as well as a large and modern fishing fleet. In their opinion, maintaining freedom of fishing and other trades would be incompatible with the idea of ​​​​creating a new, fair and equitable economic order in international relations.

After a period of objections and hesitation that lasted about three years, the major maritime powers adopted the concept of an exclusive economic zone in 1974, subject to the resolution of the issues of the law of the sea considered by the III UN Conference on the Law of the Sea on a mutually acceptable basis. Such mutually acceptable solutions, as a result of many years of effort, were found by the Conference and included in the UN Convention on the Law of the Sea.

In accordance with the Convention, an economic zone is an area outside and adjacent to the territorial sea, up to 200 nautical miles wide from the baselines from which the breadth of the territorial sea is measured. This area has a specific legal regime. The Convention granted the coastal state in the exclusive economic zone sovereign rights for the purpose of exploration and development of natural resources, both living and non-living, as well as rights in relation to other activities for the purpose of economic exploration and development of the said zone, such as the production of energy through the use of water, currents and wind.

The Convention provides for the right of other states, under certain conditions, to participate in the harvest of living resources in the exclusive economic zone. However, this right can only be exercised by agreement with the coastal state.

The coastal state is also recognized as having jurisdiction over the creation and use of artificial islands, installations and structures, marine scientific research and conservation of the marine environment. Marine scientific research, the creation of artificial islands, installations and structures for economic purposes may be carried out in the exclusive economic zone by other countries with the consent of the coastal state.

At the same time, other states, both maritime and landlocked, enjoy in the exclusive economic zone freedoms of navigation, overflight, laying of cables and pipelines and other legalized uses of the sea related to these freedoms. These freedoms are exercised in the zone as on the high seas. The zone is also subject to other rules and regulations governing the rule of law on the high seas (exclusive jurisdiction of the flag state over its ship, permissible exemptions from it, the right of prosecution, provisions on the safety of navigation, etc.). No state has the right to claim the subordination of an economic zone to its sovereignty. This important provision applies without prejudice to compliance with other provisions of the legal regime of the exclusive economic zone.

In this regard, attention should be paid to the fact that the Convention requires that the coastal State and other States, when exercising their rights and obligations in the zone, take due account of each other's rights and obligations and act in accordance with the provisions of the Convention.

Even at the height of the work of the III UN Conference on the Law of the Sea, a significant number of states, ahead of the course of events and trying to direct them in the right direction, adopted laws establishing fishing or economic zones along their coasts up to 200 nautical miles wide. At the end of 1976, almost six years before the end of the Conference, the USA, Great Britain, France, Norway, Canada, Australia and a number of other countries, including developing ones, adopted such laws.

Under these conditions, areas of seas and oceans open to free fishing, including off Soviet coasts, could become zones of devastating fishing. Such an obvious and undesirable development of events forced the legislative bodies of the USSR to adopt in 1976 the Decree “On temporary measures for the conservation of living resources and regulation of fisheries in marine areas adjacent to the coast of the USSR.” These measures were brought into conformity with the new convention by the Decree “On the Economic Zone of the USSR” in 1984.

Currently, over 80 states have exclusive economic or fishing zones up to 200 nautical miles wide. True, the laws of some of these states do not yet fully comply with the provisions of the UN Convention on the Law of the Sea. But this situation will change as the regime provided for by the Convention is further strengthened.

The Convention's provisions on the exclusive economic zone are a compromise. They are sometimes subject to ambiguous interpretation. Thus, some foreign authors, in particular from developing countries, express the point of view that the exclusive economic zone, due to its inherent specific legal regime, which includes significant rights of the coastal state, is neither a territorial sea nor the high seas. While rightly noting the specificity of the legal regime of the exclusive economic zone, which includes important functional or target rights of the coastal state and significant elements of the legal regime of the high seas, the authors of this point of view do not give a clear answer to the question of the spatial status of the exclusive economic zone and do not take into account the provisions of Art. 58 and 89, indicating the applicability of important freedoms and the legal status of the high seas to the exclusive economic zone.

9. Parts of the high seas outside the exclusive economic zone

For parts of the sea located outside the exclusive economic zone offshore, the UN Convention on the Law of the Sea extends the legal regime that has traditionally applied to the high seas. In these maritime spaces, all states, on the basis of equality, enjoy, taking into account other provisions of the Convention, such freedoms of the high seas as freedom of navigation, laying of submarine cables and pipelines, fishing, and scientific research.

With regard to freedom of scientific research and the laying of cables and pipelines, there are small exceptions that apply only to areas of the continental shelf of coastal States beyond 200 nautical miles. These exceptions provide that the determination of routes for the laying of submarine cables and pipelines on the continental shelf of a coastal State, as well as the conduct of scientific research in those areas of the shelf where the coastal State is or will be conducting operations for the development or detailed exploration of natural resources, may take place with consent of the coastal state.

Outside the exclusive economic zone and beyond the outer limit of the continental shelf in cases where its width is more than 200 nautical miles, the Convention introduces a new freedom - to build artificial islands and other installations permitted by international law (Article 87, paragraph 1 d). The words “allowed by international law” mean, in particular, the prohibition of constructing artificial islands and installations for placing nuclear weapons and other weapons of mass destruction on them, since such actions are incompatible with the Treaty Prohibiting the Placement of Nuclear Weapons on the Bottom of the Seas and Oceans and in Their Subsoils and other types of weapons of mass destruction dated February 11, 1971.

The Convention also contains some other innovations that complement the legal order traditionally existing on the high seas. Thus, it prohibits the broadcasting of radio or television programs from a ship or installation intended for public reception in violation of international regulations. Persons and vessels engaged in unauthorized broadcasting may be arrested and prosecuted in court: the flag state of the vessel; state of registration of the installation; the state of which the accused person is a citizen; any state where transmissions may be received. This prohibition also includes an exclusive economic zone.

The Convention paid significant attention to the issues of conservation of living resources in the waters of the high seas, which preserved the principle of freedom of fishing, exercised here taking into account the treaty obligations of states, as well as the rights, obligations and interests of coastal states provided for by the Convention. In accordance with the Convention, all states must take such measures in relation to their citizens as are necessary to preserve the resources of the high seas. States must also, for the same purposes, cooperate with each other directly or within the framework of subregional or regional organizations on fisheries.

Even during the work of the III UN Conference on the Law of the Sea, organizations of this kind began to emerge, the charters of which took into account the new legal situation in the field of fisheries. Thus, since 1979, the Fisheries Organization has been operating in the North-West Atlantic, and in 1980 a similar organization was created for the North-East Atlantic. Continues to operate since 1969, but taking into account the introduction of economic zones, the International Fisheries Commission of the South-East Atlantic.

The areas of activity of these organizations cover both exclusive economic zones and the waters of the high seas beyond them. But the recommendations they make on regulating fishing and preserving fish resources in exclusive economic zones can only be implemented with the consent of the relevant coastal states.

States have also taken measures to regulate the fishing of certain valuable fish species. The 1982 Convention contains, in particular, special rules on the fishing and conservation of salmon (anadromous) species. Salmon fishing is permitted only in exclusive economic zones, and beyond their external borders - only in exceptional cases and upon reaching an agreement with the state of origin of salmon fish, that is, with the state in whose rivers these fish spawn. As is known, many species of salmon spawn in the Far Eastern rivers of Russia. Taking into account the principle of reciprocity, Russia allows, on the basis of annual agreements recorded in protocols, Japanese fishermen to fish for salmon spawning in Russian rivers in the northwestern part of the Pacific Ocean, but within the boundaries of certain areas of the sea and subject to established quotas.

10. International Seabed Area

As a result of scientific and technological progress, not only the natural resources of the continental shelf, but also deep-sea deposits of minerals located on the seabed and in its subsoil beyond the continental shelf have become accessible for exploitation. The real prospect of their extraction has given rise to the problem of legal regulation of the exploitation of natural resources in the area of ​​the World Ocean, which is called the international seabed area, beyond the limits of national jurisdiction or, more precisely, beyond the continental shelf.

The 1982 UN Convention on the Law of the Sea declared the international seabed area and its resources to be the “common heritage of mankind.” Naturally, the legal regime of this area and the exploitation of its resources in accordance with this provision can only be determined by all states jointly. The Convention states that the financial and economic benefits derived from activities in the international area should be distributed on the basis of the principle of equity, with special regard to the interests and needs of developing States and peoples who have not yet achieved full independence or other status of self-government. Such a distribution of income generated from activities in the international area would not require direct or mandatory participation in those activities by developing States that are not prepared for them.

Activities in the area are carried out as stated in Art. 140 of the Convention, for the benefit of all mankind.

In defining the legal status of an international area, the Convention states that “no State may claim or exercise sovereignty or sovereign rights over any part of the area or its resources and no State, natural or legal person may appropriate any whatever their part may be” (v. 137).

All rights to the resources of the area belong to all humanity, on whose behalf the International Seabed Authority will act. Activities in the international area are organized, carried out and controlled by this Authority (Article 153).

The extraction of resources in the area will be carried out by the International Authority itself, through its enterprise, and also “in association with the International Authority” by States Parties to the Convention, or by State-owned enterprises, or by natural or legal persons having the nationality of States Parties or under the effective control of those States, if the latter vouched for the indicated persons.

Such a system for developing the resources of the region, in which, along with the enterprise of the International Body, participating states and other subjects of the internal law of these states can participate, is called parallel.

The policy regarding activities in the area should be pursued by the International Authority in such a way as to promote greater participation in resource development by all States, regardless of their socio-economic systems or geographical location, and to prevent monopolization of activities on the seabed.

The general conduct of states and their activities in the international seabed area, along with the provisions of the Convention, are governed by the principles of the UN Charter and other rules of international law in the interests of maintaining peace and security, promoting international cooperation and mutual understanding (Article 138). The area is open for use exclusively for peaceful purposes (Article 141).

According to the Convention, the main bodies of the International Seabed Authority are the Assembly, consisting of members of the Authority, the Council, which includes 36 members of the Authority elected by the Assembly, and the Secretariat.

The Council has the power to establish and implement specific policies on any issue or problem in the activities of the International Authority. Half of its members are elected in accordance with the principles of equitable geographical representation, the other half on other grounds: from developing countries with special interests; from importing countries; from countries extracting similar resources on land, etc.

The provisions of the International Seabed Area Convention were developed with the active participation of the United States and other Western countries. However, the United States, Great Britain and Germany did not sign it, and in August 1984, these countries, together with five other Western states, entered into separate agreements that are intended to ensure their development of mineral resources outside the convention in promising areas of the deep-sea part of the World Ocean. Nevertheless, the Preparatory Commission, consisting of representatives of states that have signed the Convention, is working on the practical creation of the International Seabed Authority and its functioning in accordance with the UN Convention on the Law of the Sea.

11. Enclosed or semi-enclosed sea

A closed sea is understood as a sea that washes the coasts of several states and, due to its geographical location, cannot be used for transit passage through it to another sea. Access from the high seas to the closed sea is through narrow sea lanes leading only to the coasts of states located around the closed sea.

The concept of a closed sea was formulated and reflected in treaty practice at the end of the 18th century and during the first half of the 19th century. According to this concept, the principle of freedom of the high seas was not fully applied to the closed sea: the access of naval ships of non-coastal states to the closed sea was limited.

Since this idea meets the interests of the security of coastal countries and the preservation of peace in such seas, it was at one time recognized in the doctrine of international law and retains its significance today.

Closed seas, in particular, include the Black and Baltic seas. These seas are sometimes called semi-closed and regional. The legal regime of these seas cannot be separated from the legal regime of the Black Sea and Baltic straits.

Throughout the 18th and 19th centuries, coastal states repeatedly entered into treaty agreements to close the Black and Baltic Seas to warships of non-coastal countries. However, in subsequent periods, mainly due to the opposition of countries that do not have their own possessions here, legal regimes corresponding to the significance and position of these sea areas were not established for the Black and Baltic Seas.

In the second half of the 20th century, the concept of a closed sea was further developed and began to provide provisions for special legal protection of the marine environment and regional legal regulation of fishing in closed or semi-closed seas.

The UN Convention on the Law of the Sea has expanded the concept of closed or semi-enclosed seas, which in the Russian text of the Convention are called “closed or semi-enclosed seas” (Article 122). The Convention, without defining the content of the legal regime of these seas, establishes the priority rights of coastal states to manage living resources, protect and preserve the marine environment and coordinate scientific research in enclosed and semi-enclosed seas (Article 123).

12. Rights of states that do not have a sea coast

Landlocked or, as they are often called, states without a sea coast have the right of access to the sea, including the right to have ships fly their flag.

This pre-existing right was enshrined in the UN Convention on the Law of the Sea, which provides for the procedure for resolving the issue of access of an inland state to the sea through the territory of those countries that are located between the sea and this inland state.

In practice, this issue is resolved in such a way that the interested landlocked state negotiates with the corresponding country located on the seashore to provide it with the opportunity to use one or another seaport of the coastal country. For example, on the basis of such an agreement, sea vessels flying the Czech flag use the Polish port of Szczecin. Agreements of this kind simultaneously resolve the issue of transit communication between the interested non-coastal state and the seaport that is provided to this state.

Landlocked states have the right, in accordance with the Convention on the Law of the Sea, to participate on an equitable basis in the exploitation of that part of the living resources of economic zones that, for one reason or another, cannot be used by the coastal state. This right is exercised in the economic zones of coastal states of the same region or subregion by agreement with that coastal state. Under certain conditions and by agreement with the coastal state, a developing landlocked state can gain access not only to the unused part, but also to all the living resources of the zone.

The Convention grants landlocked States the right to access the “common heritage of mankind” and to benefit from the exploitation of the resources of the international seabed area within the limits provided for by the Convention.

13. International straits

Straits are natural sea passages that connect parts of the same sea or separate seas and oceans. They are usually necessary routes, sometimes even the only ones, for maritime and air communications between states, which indicates their great importance in international relations.

When establishing the legal regime of sea straits, states usually take into account two interrelated factors: the geographical location of a particular strait and its significance for international navigation.

Straits that are passages leading into the internal waters of a state (for example, Kerch or Irbensky), or straits that are not used for international navigation and, due to historical tradition, constitute internal sea routes (for example, Laptev or Long Island) are not considered international . Their legal regime is determined by the laws and regulations of the coastal state.

All straits used for international navigation and connecting with each other: 1) parts of the high seas (or economic zones) are considered international; 2) parts of the high seas (economic zone) with the territorial sea of ​​another or several other states.

Specific straits may have their own characteristics. Nevertheless, it is believed that, for example, the English Channel, Pas de Calais, Gibraltar, Singapore, Malacca, Bab el-Mandeb, Hormuz and other straits are world sea lanes open to free or unhindered navigation and air navigation of all countries This regime has been in effect in these straits for a long historical period due to international customs or international agreements.

A reasonable combination of the interests of the countries using the straits and the countries coastal to them is reflected in the provisions of the UN Convention on the Law of the Sea. Its Part III, entitled “Straits used for international navigation”, stipulates that it does not apply to a strait used for international navigation if the strait passes through a route equally convenient in terms of navigational and hydrographic conditions on the high seas or in exclusive economic zone. The use of such a route is carried out on the basis of the principle of freedom of navigation and flights. As for straits used for international navigation between one area of ​​the high seas (or exclusive economic zone) and another area of ​​the high seas (or exclusive economic zone) and overlapped by the territorial sea of ​​the coastal or coastal states, then in them “all ships and aircraft use right of transit passage, which must not be interfered with.” Transit passage in this case “represents the exercise of freedom of navigation and overflight solely for the purpose of continuous rapid transit through the strait.”

The Convention also contains provisions that take into account the specific interests of states bordering the straits in the areas of security, fisheries, pollution control, and compliance with customs, fiscal, immigration and sanitary laws and regulations. Ships and aircraft, when exercising the right of transit passage, shall refrain from any activity in violation of the principles of international law embodied in the UN Charter, as well as from any activity other than that which is characteristic of the normal order of continuous and rapid transit.

According to the Convention, the transit passage regime does not apply to straits used for international navigation between part of the high seas (exclusive economic zone) and the territorial sea of ​​another state (for example, the Strait of Tirana), as well as to straits formed by an island of a state bordering the strait and its the continental part, if seaward of the island there is a path equally convenient from the point of view of navigational and hydrographic conditions in the open sea or exclusive economic zone (for example, the Strait of Messina). In such straits, the regime of innocent passage applies. In this case, however, there should be no suspension of passage through them, unlike the territorial sea, where a temporary suspension is allowed.

The Convention does not affect the legal regime of straits, passage through which is regulated in whole or in part by existing international conventions in force that specifically relate to such straits. Conventions of this kind, as a rule, were concluded in the past in relation to straits leading to enclosed or semi-enclosed seas, in particular in relation to the Black Sea straits (Bosporus - Sea of ​​Marmara - Dardanelles) and the Baltic straits (Great and Small Belts, Sound).

The Black Sea straits are open to commercial shipping of all countries, which was proclaimed in the 19th century in a number of treaties between Turkey and Russia, and then confirmed in a multilateral convention concluded in 1936 in Montreux. This Convention on the Black Sea Straits, currently in force, provides for restrictions on the passage in peacetime of warships of non-Black Sea powers. They can guide light surface ships and auxiliary vessels through the straits. The total tonnage of warships of all non-Black Sea states in transit through the straits should not exceed 15 thousand tons, and their total number should not exceed nine. The total tonnage of warships of all non-Black Sea states located in the Black Sea should not exceed 30 thousand tons. This tonnage can be increased to 45 thousand tons in the event of an increase in the naval forces of the Black Sea countries. Warships of non-Black Sea countries pass through the straits with 15 days' notice and can stay in the Black Sea for no more than 21 days.

The Black Sea powers can conduct through the straits not only light warships, but also their battleships, if they travel alone, escorted by no more than two destroyers, as well as their submarines on the surface; notification of such passages is given 8 days in advance.

If Turkey participates in a war or is under the threat of immediate military danger, it is given the right, at its discretion, to allow or prohibit the passage of any warships through the straits.

The regime of the Baltic Straits is currently governed by both treaty provisions and customary international law, as well as national laws: Denmark - in relation to the Little and Great Belts and the Danish part of the Sound and Sweden - in relation to the Swedish part of the Sound.

In the past, on the initiative of Russia, the Conventions on Armed Neutrality of 1780 and 1800 were concluded with the participation of the then Baltic states. According to these agreements, the Baltic Sea was to remain a “closed sea” forever, but in peacetime, freedom of commercial navigation in it was provided to all countries. The Baltic states retained the right to take the necessary measures to ensure that military actions or violence did not take place either at sea or on its shores. The Baltic Straits remained equally closed to warships of non-Baltic countries.

The special legal regime of the Baltic Straits was recognized in doctrine in the 19th century. Commitment to it was declared by the Soviet representative at the Rome Conference on the Limitation of Naval Arms in 1924. However, England, France and other Western countries opposed this idea. She was rejected. The most important act currently in force and regulating the regime of the Baltic Straits is the Copenhagen Treaty on the abolition of Sund duties on passage through the straits of 1857. Under this agreement, Denmark, in connection with the payment of 100 million French francs by the parties to the agreement, waived the collection of any fees from ships or their cargo when passing through the straits and the right to delay them under the pretext of non-payment of fees. Since these dues had not previously been levied on warships, and the only existing restriction on freedom of commercial navigation had thus been abolished, the treaty established a principle declaring that “no vessel can henceforth, under any pretext whatsoever, when passing through the Sound or the Belts be subject to detention or any kind of stop.”

The flight of military aircraft over the Danish part of the Baltic Straits requires prior permission in accordance with the decree “On the admission of foreign military vessels and military aircraft into Danish territory in peacetime” of December 27, 1976.

Overflight of foreign military aircraft over Swedish territorial waters in the Sound is permitted without formalities in accordance with § 2 of the Ordinance on the Rules for the Access of Foreign Government Ships and State Aircraft to Swedish Territory of 17 June 1982.

14. International sea channels

International sea canals are artificially created sea routes. They were usually built to reduce the length of sea roads and reduce the risks and dangers of navigation. In particular, with the commissioning of the Suez Canal, the distance between the ports of Europe and Asia was reduced by more than half. Existing sea canals were built on the territories of certain states under their sovereignty.

However, for some maritime channels, due to their great importance for international navigation or for historical reasons, international legal regimes have been established. Such regimes were established for the Suez, Panama and Kiel canals.

The Suez Canal was built on Egyptian territory by a joint-stock company created by the Frenchman F. Lesseps. To build the canal, the Egyptian Khedive granted this society a concession for a period of 99 years from the opening of the canal. The canal was opened in 1869 and became the property of the Anglo-French Suez Canal Company. At a conference in Constantinople in 1888, the Suez Canal Convention was concluded, which was signed by Great Britain, France, Russia, Austria-Hungary, Germany, Spain, Italy, Holland and Turkey, which simultaneously represented Egypt. The Convention was subsequently joined by Greece, Denmark, Norway, Portugal, Sweden, China and Japan. In accordance with Art. 1 of the Convention, the Suez Canal must always remain free and open, whether in peace or in war time for all merchant and military vessels without distinction of flag. Warships of belligerent powers also have the right of free passage through the canal during war. In the canal, in its exit ports and in the waters adjacent to these ports for a distance of 3 miles, any actions that could create difficulties for free navigation are prohibited. Blocking the channel is considered unacceptable. The diplomatic representatives of the powers in Egypt who have signed the Convention “have the duty of supervising its implementation” (Article 8).

July 26, 1956 by decree of the President of Egypt Joint-Stock Company The Suez Canal was nationalized. The UN Security Council, in a resolution dated October 13, 1956, confirmed Egypt's sovereignty over the canal and its right to operate the canal "on the basis of the passage of ships of all flags."

Following the nationalization of the canal, the Egyptian government confirmed that the provisions of the 1888 International Suez Canal Convention would be respected and observed by it. In the Declaration of April 25, 1957, the Egyptian Government, reaffirming its commitment to “ensuring free and uninterrupted navigation to all countries” through the Suez Canal, solemnly declared its determination to “comply with the terms and spirit of the Constantinople Convention of 1888.” As a result of the Israeli armed attack on Arab countries in 1967, shipping through the Suez Canal was paralyzed for a number of years. The canal is currently open to international shipping. To manage the operation of the Suez Canal, the Egyptian government created the Suez Canal Authority. He also approved special rules for navigation through the Suez Canal.

The Panama Canal, located on a narrow isthmus between North and South America, has been the subject of decades-long American-British rivalry. Even before the construction of the canal, in 1850, an agreement was signed between the United States and Great Britain, according to which both parties pledged not to subject the canal, if it was built, to their exclusive influence and control.

However, in 1901, the United States managed to get Great Britain to cancel the 1850 treaty and recognize the United States' rights to construct the canal, manage it, operate it, and ensure safety. The new agreement also stipulated that the canal should be open on an equal basis to merchant and military vessels of all flags, following the example of the Suez Canal.

Under an agreement concluded in 1903 with the Republic of Panama, which was formed on part of Colombia, the United States received the right to construct and operate the canal. They acquired rights "as if they were the sovereign of the territory" within a 10-mile land zone along the banks of the canal and occupied it "in perpetuity." The United States declared the permanent neutrality of the canal with the obligation to keep it open to ships of all flags in accordance with the Anglo-American agreement of 1901, which essentially provided for the application of the provisions of the 1888 Suez Canal Convention to the canal.

The opening of the canal took place in August 1914, but it was opened for international shipping only in 1920. From then until 1979, the Panama Canal remained under US dominance.

As a result of a wide and long-term movement of the Panamanian people for the return of the canal to Panama, the United States was forced to meet the demand for the abolition of the 1903 agreement.

In 1977, two new treaties concluded between Panama and the United States were signed and entered into force on October 1, 1979: the Panama Canal Treaty and the Treaty on the Neutrality and Operation of the Panama Canal.

The Panama Canal Treaty terminated all previous canal agreements between the United States and Panama. Panama's sovereignty has been restored over the Panama Canal. The "Canal Zone" created by the 1903 agreement is abolished and US troops are withdrawn from it. However, until December 31, 1999, the United States retains the functions of managing the channel and its operation and maintenance (Article 3). Only after this period will Panama “take full responsibility for the management, operation and maintenance of the Panama Canal.” On December 31, 1999, the Panama Canal Treaty will terminate. For the duration of the treaty, the United States retains the “right” to station its armed forces in the canal zone (Article 4).

The Treaty on Neutrality and the Operation of the Panama Canal declared this sea route to be a “permanently neutral international waterway” open to the navigation of all countries (Articles 1 and 2). The treaty states that the Panama Canal will be “open to the peaceful transit of ships of all states under conditions of full equality and non-discrimination.” There is a fee for entry and entry service. The treaty includes a provision that the United States is the “guarantor” of the neutrality of the Panama Canal.

The Kiel Canal, connecting the Baltic Sea with the North Sea, was built by Germany and opened to navigation in 1896. Before the First World War, Germany classified the Kiel Canal as its internal waters and applied the appropriate regime to it. The Treaty of Versailles established the international legal regime for the canal. According to Art. 380 of the Treaty of Versailles, the Kiel Canal was declared permanently free and open with full equality for military and merchant ships of all states at peace with Germany.

After the end of the Second World War, the legal regime of the Kiel Canal was not regulated by any treaties or agreements between the interested states.

Currently, the Kiel Canal regime is unilaterally regulated by the German government, which has issued the Rules for Navigation in the Kiel Canal, which provide for freedom of merchant shipping for all countries.

15. Waters of archipelagic states (archipelagic waters)

As a result of the collapse of colonialism, big number countries that consist entirely of one or even more archipelagos. In this regard, the question arose about the legal status of the waters located within the archipelago state or between its island possessions. At the III UN Conference on the Law of the Sea, archipelagic states made proposals to extend the sovereignty of the corresponding archipelagic state to archipelagic waters. But these proposals did not always take into account the interests of international navigation through the straits located within archipelagic waters.

In the Convention on the Law of the Sea, the issue of archipelagic waters received the following solution. Archipelagic waters consist of the waters located between the islands that are part of the archipelago State, which are delimited from other parts of the sea around the archipelago State by straight baselines connecting the most prominent points in the sea of ​​the most remote islands and drying reefs of the archipelago. The length of such lines should not exceed 100 nautical miles, and only 3% of their total number may have a maximum length of 125 nautical miles. When conducting them, no noticeable deviation from the shore is allowed. The territorial waters of the archipelago state are measured from these lines towards the sea.

The ratio between the area of ​​water and the area of ​​land within these lines should be from 1:1 to 9:1. Consequently, not every state consisting of islands can have archipelagic waters. For example, Great Britain and Japan do not have them.

The sovereignty of the archipelagic state extends to archipelagic waters, as well as to their bottom and subsoil, as well as to their resources (Article 49).

Ships of all states enjoy the right of innocent passage through archipelagic waters, as established in relation to the territorial sea.

However, a different legal regime is established for sea routes usually used for international navigation located within archipelagic waters. In this case, the right of archipelagic passage is exercised. Archipelagic passage is the exercise of the right of normal navigation and overflight solely for the purpose of continuous, rapid and unimpeded transit from one part of the high seas or economic zone to another part of the high seas or economic zone. For archipelagic passage and overflight, an archipelagic state may establish sea and air corridors 50 nautical miles wide. These corridors cross its archipelagic waters and include all regular ways passages used for international navigation and overflight, and on such routes they include all normal navigation fairways.

If an archipelagic State does not establish sea or air corridors, the right of archipelagic passage may be exercised along routes normally used for international navigation.

For archipelagic passage, mutatis mutandis (subject to necessary distinctions), the provisions relating to transit passage through straits used for international navigation and defining the responsibilities of vessels carrying out passage, as well as the responsibilities of states bordering the straits, including the obligation not to impede transit passage and do not allow any suspension of transit passage.

The Convention on the Law of the Sea does not grant the right to establish archipelagic waters between islands of archipelagos that are separated from the main part of any state.

16. International organizations in the field of ocean development

The expansion and intensification of the activities of states in the use of seas and oceans has led to the emergence and significant growth in last years international organizations designed to promote the development of cooperation between states in various areas of the development of the World Ocean.

We have already spoken above about international organizations for the exploitation of living marine resources and their conservation. The UN Convention on the Law of the Sea provided for the creation of the International Seabed Authority, which has greater powers over the extraction of seabed resources beyond the continental shelf.

For several years now, a preparatory commission has been working on the practical implementation of the provisions of the Convention relating to the creation and functioning of the International Seabed Authority.

A major contribution to the development of international maritime law and cooperation between states in the use of the World Ocean is made by the International Maritime Organization (IMO), created in 1958 (until 1982 - International Maritime Consultative Organization - IMCO).

The main objectives of IMO are to promote cooperation between Governments and activities relating to technical matters in international merchant shipping, and to help eliminate discriminatory measures and unnecessary restrictions affecting international merchant shipping. The organization is engaged, in particular, in the development of draft conventions on issues such as the protection of human life at sea, the prevention of sea pollution from ships, the safety of fishing vessels, and many others.

The development of legal norms related to maritime issues is also carried out by the International Maritime Committee, established in 1897 in Belgium and aimed at unifying the law of the sea through the conclusion of international treaties and agreements, as well as through establishing uniformity in the legislation of different countries.

The Intergovernmental Oceanographic Commission under UNESCO and the International Council for the Exploration of the Sea are of great importance for the development of international cooperation in the study of oceans and seas.

In 1976, the International Maritime Satellite Communications Organization (INMARSAT) was established. Its goal is to communicate around the clock and quickly between seagoing vessels via artificial Earth satellites with shipowners and administrative authorities of the relevant states parties to the convention that established INMARSAT, as well as with each other.

Russia is a member of all the above international organizations.

1. Concept and sources of international maritime law.

2. Internal sea waters: concept, legal regime.

3. Territorial waters: concept, measurement of the width of territorial waters, legal regime.

4. International straits and channels.

5. Concept and legal regime of the adjacent zone.

6. Exclusive economic zone.

7. Continental shelf.

8. High seas: the concept of freedom of the high seas.

1. International maritime law- a branch of modern international law, which is a set of principles and norms that establish the legal status and regime of maritime spaces and regulate relations between subjects of international law in connection with their activities in the World Ocean.

Sources international maritime law are existing international treaties and international customs. The first UN Conference on the Law of the Sea, which was attended by 86 states, in 1958 adopted four Geneva Conventions that are still in force today: on the territorial sea and the contiguous zone, on the high seas, on the continental shelf, on fisheries and the protection of living resources of the high seas. The second UN conference, held in 1960 and mainly devoted to establishing a single limit on the width of territorial waters, ended without result.

Third UN Conference, held from 1973 to 1982. with the participation of most states of the world and many international organizations, adopted the UN Convention on the Law of the Sea, consisting of 17 parts, 320 articles and 9 annexes. This convention confirmed and significantly supplemented the provisions of the 1958 Geneva Conventions relating to the territorial sea, continental shelf, contiguous zone, and high seas. Along with this, a number of new provisions were included in it: for the first time, the status of the international seabed area beyond the continental shelf and the regime for the development of its resources were established. In addition, new types of maritime spaces were introduced - the exclusive economic zone and archipelagic waters - and their legal regime was determined. New to international legal practice in this convention was the system of peaceful settlement of disputes concerning the activities of states in the exploration and use of maritime spaces and resources.

2. Inland sea waters form part of the territory of the coastal state and are subject to its sovereignty. These include the waters of ports, bays, bays, estuaries, as well as waters located towards the coast from the initial lines of the territorial sea, and the so-called historical waters. The outer boundary of internal sea waters in ports is a straight line that connects the most prominent port facilities at sea.

The coastal state, by virtue of the sovereignty exercised over internal sea waters, determines their legal regime. In particular, it establishes the procedure for the entry of foreign ships into its internal sea waters. A foreign vessel in internal sea waters follows the laws and other regulations of the coastal state with regard to its customs, sanitary and immigration controls, safety of navigation, and environmental protection. Fishing and fishing are possible only with the permission of the coastal state. Merchant ships located in internal sea waters are subject to the jurisdiction (criminal, civil, administrative) of the coastal state.

3. Territorial waters (territorial sea) is a sea strip 12 nautical miles wide adjacent to the coast or internal sea waters (and/or archipelagic waters) of a state, which is subject to its sovereignty. This sovereignty is exercised taking into account the norms of international law and extends to the airspace above the territorial sea, to its bottom and subsoil.

In the XVII century. the width of the territorial sea was associated with the limit of visibility from the shore or with the firing range of coastal batteries (“gun shot rule”) - 3 nautical miles. However, for a long time the issue of the width of the territorial sea did not find a solution due to significant differences in the positions and tactics of states, and only the 1982 Convention established that a state has the right to determine the width of the territorial sea within 12 nautical miles.

The width of the territorial sea is measured:

1) from the low tide line along the coast;

2) from the conventional line of internal waters;

3) from straight initial (“baseline”) lines connecting points of the sea coast, protruding into the sea (this method is used in places where the coastline is deeply indented or there are a number of islands along the coast).

The basis of the legal regime of the territorial sea is the sovereignty of the coastal state. In this respect, the legal regime of the territorial sea is similar to the legal regime of internal sea waters. The differences boil down to the exceptions established by international law. One of the main exemptions is right of innocent passage, which is understood as the navigation of ships of all states through the territorial sea in order to cross it, pass into internal waters or leave them. Passage is peaceful as long as good order or security of the coastal State is not disturbed. The coastal state has the right to take measures to prevent passage that is not peaceful. The passage must be continuous and fast. Submarines must pass on the surface and under their own flag. A coastal State may, for reasons of security and without discrimination regarding the flag, suspend for a certain period the right of innocent passage in certain areas of its territorial sea, by announcing this in a timely manner. Foreign vessels may not be subject to any fees other than fees for services provided.

The question of jurisdiction is decided depending on whether the vessel exercising the right of innocent passage is a military or commercial vessel. Merchant ships are not subject to the civil jurisdiction of the coastal state. In most cases, criminal jurisdiction also does not apply, except in cases where:

1) the consequences of the crime extend to the coastal state;

2) the crime disturbs the peace of the country or good order in the territorial sea;

3) the captain of the ship or any official of the flag state will contact the local authorities with a request for assistance;

4) such measures are necessary to stop the illegal trade in drugs and psychotropic substances.

The principle of immunity applies to warships, i.e. they are not subject to the criminal and civil jurisdiction of the coastal state. However, if a warship does not comply with the laws and regulations of a coastal State regarding passage through its territorial waters, then the authorities of that State may require it to immediately leave its territorial sea.

4. International straits- these are natural narrowings connecting parts of the high seas or exclusive economic zone and used for international shipping and air navigation (Article 8 of the 1982 UN Convention on the Law of the Sea). Such straits, being natural and, in most cases, the only or shorter outlets into the ocean, are of great importance for most countries of the world as a global transport route. Therefore, the 1958 Convention on the Territorial Sea and the Contiguous Zone established the right of unimpeded passage through international straits, and the 1982 Law of the Sea Convention changed this right to right of "transit passage".

Transit passage- is the exercise of free navigation and flight only for the purpose of continuous and rapid transit through an international strait between one part of the high seas or exclusive economic zone and another part of the high seas or exclusive economic zone.

In international straits, all ships and aircraft enjoy the right of transit passage. Transit passage does not apply to straits, passage through which, in whole or in part, is regulated by long-standing and current international agreements.

States bordering straits must not impede or stop transit passage and must report any known threat to navigation or overflight.

Competence of coastal states regarding the regulation of transit passage:

Establishment of sea corridors and vessel traffic patterns;

Prevention and reduction of environmental pollution;

Fishing ban;

Regulation of cargo and unloading operations.

International channels- These are artificial waterways connecting seas and oceans and used for international shipping. Such canals form an integral part of the territory of the states that own the canals.

The legal regulation of navigation through such canals is based on the principles of respect for the sovereign rights of the states that own the canals and non-interference in their internal affairs; non-use of force or threat of force in resolving disputes regarding the use of channels; prohibition of military operations in the canal zone; passage opportunities for military and civil courts all nationalities, etc.

5. Adjacent zone is the area of ​​the high seas adjacent to the outer limit of the territorial waters, 24 nautical miles wide, measured from the same baselines as the territorial sea.

The development of maritime shipping already in the 17th century. led to the fact that the 3-mile limit could not fully protect the rights of the coastal state, especially in trade. The Convention on the Territorial Sea and the Contiguous Zone of 1958 and the UN Convention on the Law of the Sea of ​​1982 were the result of the development of this institution at the national and international treaty levels. The 1982 Convention sets the permissible limit of the contiguous zone at 24 nautical miles, and this finds its justification in the fact that it finally established a 12 nautical mile limit on the breadth of the territorial sea. The contiguous zone is established for the control of a coastal State to prevent violation of customs, sanitary, immigration or fiscal laws within its territory or territorial sea, and to punish violations of these laws by foreign ships or members of their crews within the same limits.

Control provides the right to stop the ship, conduct an inspection and, if it turns out that a violation has occurred, take all necessary measures to investigate the circumstances of the violation and punish it.

6. Exclusive economic zone- a sea area located outside and adjacent to the territorial sea with a width of not more than 200 nautical miles, measured from the same baselines as the territorial sea.

The exclusive economic zone is a new institution of international maritime law that emerged as a result of the work of the Third UN Conference on the Law of the Sea. When developing provisions related to the exclusive economic zone, two approaches collided - the claim to extend the sovereignty of a coastal state to large areas of the high seas and the desire to preserve the freedom of the high seas in its fullest form. The agreed decisions of the 1982 Convention were achieved through compromise.

This area has a special legal regime established by the Convention. The coastal State has sovereign rights to the exploration, development, conservation, management, and management of living and non-living resources in the waters, seabed and subsoil, and other activities related to economic exploration and development in the area. The coastal state determines the allowable catch of living resources in this zone. If the capabilities of a coastal state do not allow it to use the entire allowable catch in its zone, then it, on the basis of an agreement, provides access to other states.

The coastal state also has jurisdiction over the creation and use of artificial islands, installations and structures; marine scientific research; protection and conservation of the marine environment.

All other states enjoy freedom of navigation, overflight, and laying of submarine cables and pipelines within the exclusive economic zone, subject to the relevant provisions of the 1982 Convention. All states, when exercising their rights in the exclusive economic zone, are required to comply with the laws and regulations adopted by the coastal state in accordance with the Convention 1982 and other norms of international law.

7. Continental shelf- this is the seabed and its subsoil located beyond the territorial sea of ​​the coastal state to the outer boundaries of the continent or up to 200 miles from the original (“baseline”) lines from which the width of the territorial sea is measured. If the submarine continental margin extends more than 200 miles, the outer limit of the continental shelf must be no more than 350 miles from the baselines or no more than 100 miles from the 2500 m isobath.

The coastal state exercises sovereign rights over the continental shelf for the purpose of exploration and development of its resources. These rights are exclusive in the sense that if the coastal state does not explore and develop shelf resources, then no one has the right to do this without its consent.

The rights of a coastal state to the continental shelf do not affect the legal status of the covering waters and airspace above it. All countries have the right to lay submarine cables and pipelines on the continental shelf of any coastal state.

8. In the 1958 High Seas Convention. open sea defined as the space located beyond the outer limit of the territorial sea, open to the common and equal use of all nations without the right to extend the sovereignty of any state over it. The 1982 Convention complicated the spatial attribute by establishing that its provisions relating to the high seas apply to all parts of the sea that are not included in the exclusive economic zone, the territorial sea or internal waters of any state, or the archipelagic waters of states -archipelagos.

The basis of the legal regime of the high seas is the principle of freedom of the high seas. The Convention provides for the following freedoms:

1) shipping;

2) flights;

3) laying cables and pipelines;

4) fishing;

5) build artificial islands and other structures and freedom of scientific research.

Both coastal and non-coastal states have these freedoms, taking into account the interests of other states in using the freedom of the high seas. Every state has the right to have ships flying its flag sail on the high seas.

As a general rule, no one other than the flag State can exercise jurisdiction over any ship on the high seas. Exceptions from the jurisdiction of flag states are as follows:

1) the right of a warship to stop and inspect ships of other states suspected of damaging a cable or when there are grounds to suspect such ships of engaging in piracy, the slave trade, or to check the flag, when the ship, although flying a foreign flag or refusing to hoist it, actually has that same nationality as the warship.

2) the so-called “hot pursuit”; prosecution must begin when a foreign vessel is in the internal waters, territorial sea or contiguous zone of a coastal state and the authorities of that state have reasonable grounds to believe that the vessel has violated its laws and regulations.

The obligations of the flag state on the high seas include taking all necessary measures to ensure safety at sea.

The right to lay cables and pipelines on the high seas simultaneously provides for the liability of individuals or legal entities for damage caused or damage to both their own and cables and pipelines of other states.

When implementing the principle of freedom of fishing, each state must take the necessary measures to preserve the living resources of the sea and respect the interests of coastal states.